‘The claimant seeks to keep alive a planning permission granted in 1974 for the development of nineteen flats in Torquay. The claimant contends that by virtue of operations carried out on site in January 1978 that planning permission subsists to this day and permits it, without more, to erect the flats. The flats are of a 1970s design by an architect now deceased. Mr Kingston QC, for the claimants, frankly concedes that the claimant has no wish to put up those flats of that design. This claim is designed to improve the claimant’s bargaining position in negotiations with the planning authority with a view to securing a new permission to put up I know not how many dwellings of whatever design on the site.’
Mitting J
[2010] EWHC 3455 (Admin), [2011] JPL 792, [2011] 16 EG 83
Bailii
England and Wales
Cited by:
Appeal from – Greyfort Properties Ltd v Secretary of State for Communities and Another CA 28-Jul-2011
The parties disputed whether certain works undertaken amounted to a commencement of operations so as to preserve a planning permission.
Held: Richards LJ equated implementation of planning permission with the start of the permitted works, . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 July 2021; Ref: scu.442444
